A Treatise of Legal Philosophy and General Jurisprudence : Vol. 9: A History of the Philosophy of Law in the Civil Law World, 1600-1900; Vol. 10: The Philosophers' Philosophy of Law From the Seventeenth Century to Our Days.

TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600–1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600–1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers’ philosophy of law (let us refer to this philosophy as A). The Treatise of Legal Philosophy and General Jurisprudence is a comprehensive treatment of the issues in legal philosophy and general jurisprudence. This major reference work will consist of a Theoretical Part, 5 volumes, to be published in 2005, and a Historical Part, 6 volumes, scheduled to be published by the end of 2006. The work is aimed at jurists and at legal and practical philosophers. The theoretical part covers the main topics of contemporary debate. The historical volumes account for the development of legal thought from ancient Greek times through the twentieth century. Volume 1: The Law and the Right, a Reappraisal of the Reality that Ought to be by Enrico Pattaro This work brings out and recovers the normative dimension of law, called "the reality that ought to be," placing within this reality the idea of what is right. Part I reconstructs the current as well as the traditional civil-law conception of the reality that ought to be and raises some critical theoretical issues. Part II introduces some basic concepts on language and behaviour and presents a conception of norms as beliefs. Part III aims to find explanations for the idea of a reality that ought to be. Part IV consists of inquiries focussed on Homeric epic, the natural-law school, and the normativistic view of positive law. Volume 2: Foundations of Law by Huber Rottleuthner This volume focuses on legally external foundations of law by which the origin, the development and the functions of law are explained. Such external variables might be found in mythology, religion, in extra or intra human nature, in the economy, moral attitudes and beliefs, societal conditions, etc. Besidesthese "explanatory" foundations, which include restrictive conditions of law, foundations are also interpreted in the sense of basic legal concepts, of epistemological foundations or of a normative basis of law. Volume 3: Legal Institutions and the Sources of Law by Roger A. Shiner This volume investigates the sources of law and focuses on how legal sources actually function analytically within legal systems to create law. It examines how sources such as legislation, precedent custom, delegation, codes or constitutions directly generate validity for legal norms, or how these sources are authoritative for legal decision-making. The book considers the contextual or strictly institutional authority of law and emphasizes sources of law within the common law tradition. Volume 4: Scientia Juris, Legal Doctrine as Knowledge of Law and as a Source of Law by Aleksander Peczenik Legal doctrine has faced repeated criticism, not least from minimalist philosophers. The author proposes a "Copernican revolution" in the way of understanding the relation of legal theory to philosophy. Instead of attempting to make legal theory follow one of the notoriously controversial moral theories, we can try to adjust philosophy to legal theory. In the search for a philosophy adjusted to legal doctrine, cautious philosophical positions are preferred to daring ones. Volume 5: Legal Reasoning, A Cognitive Approach to the Law by Giovanni Sartor Legal Reasoning is an application of a broader human competence, practical cognition: the ability to process information in order to come to appropriate determinations. Thus we need to bring to bear on legal reasoning the various studieswhich address the phenomenon of practical cognition and we need to view the different aspects of legal thinking as elements of a unitary cognitive process. Front Matter....Pages I-XXII Scientia Iuris and Ius Naturae : The Jurisprudence of the Holy Roman Empire in the Seventeenth and Eighteenth Centuries....Pages 1-41 French Legal Science in the 17th and 18th Centuries: To The Limits of the Theory of Law....Pages 43-67 Conceptual Aspects of Legal Enlightenment in Europe....Pages 69-134 The Many Faces of the Codification of Law in Modern Continental Europe....Pages 135-183 German Legal Science: The Crisis of Natural Law Theory, the Historicisms, and “Conceptual Jurisprudence”....Pages 185-224 Science of Administration and Administrative Law....Pages 225-261 Constitutionalism....Pages 263-300 From Jhering to Radbruch: On the Logic of Traditional Legal Concepts to the Social Theories of Law to the Renewal of Legal Idealism....Pages 301-354 The (Non)-Legal Thought of Niccolò Machiavelli....Pages 355-363 The Legal Philosophy of Hugo Grotius....Pages 365-377 The Legal Philosophy of Thomas Hobbes....Pages 379-401 Consent and Natural Law in Locke’s Philosophy....Pages 403-420 The Legal Theory of Pufendorf....Pages 421-431 Leibniz on Justice as “The Charity of Wise”....Pages 433-462 Malebranche and “Cartesianized Augustinianism”....Pages 463-490 Montesquieu and Vico....Pages 491-505 Hume and Smith....Pages 507-519 Voltaire’s Skeptical Jurisprudence: Contra Leibnizian Optimism in Candide ....Pages 521-531 The Legal Philosophy of Jean-Jacques Rousseau....Pages 533-551 The Legal Philosophy of Kant....Pages 553-578 The Legal Philosophy of G. W. F. Hegel....Pages 579-611 Karl Marx’s Philosophy of Law....Pages 613-621 The Legal Thought of J. S. Mill....Pages 623-637 Nietzsche as a Philosopher of Law....Pages 639-648 Neo-Kantian Epilogue: Rawls and Habermas....Pages 649-659 Back Matter....Pages 355-409